Estate plan requirements

Ohio

Everything your estate plan needs to be valid in Ohio: execution requirements, the documents we generate, statutory citations, and the exact wording our generators insert.

Requirements at a glance

Document	Witnesses	Notary
Will	2 required	Not required
Living trust	None required	Recommended
Power of attorney	None required	Required
Healthcare directive	2 required, or notary	Alternative to witnesses

Document generation isn’t currently available in Ohio.

We are reviewing Ohio’s rules for online legal document services and have paused generating documents governed by Ohio law while that review is under way.

Will

Ohio Rev. Code §2107.01 et seq.

Witnesses: 2 required

Two competent witnesses (each 18 years or older per Ohio Rev. Code §2107.06) must attest and subscribe in the testator's conscious presence; Ohio defines 'conscious presence' as within the range of any of the testator's senses, excluding the sense of sight or sound that is sensed by telephonic, electronic, or other distant communication (Ohio Rev. Code §2107.03)

Notarization: Not required

Not legally required

Holographic will: Not valid

Ohio does not recognize handwritten wills without witnesses

Self-proving affidavit: Not available

Witnesses may need to testify during probate

State-specific notes

•In Ohio, a separate list of personal items written after you sign your will is not legally binding, so name each item and the person who gets it in the specific gifts section of your will before you sign.

•Interested-witness trap. A gift to someone who is one of only two witnesses to your will is void, although the will itself stays valid and that witness may still take up to the share they would have received if you had left no will (Ohio Rev. Code §2107.15). Use a third disinterested witness whenever a beneficiary is in the room.

•Ohio has no self-proving affidavit for wills. The probate court admits a will on the face of the will itself or, if the court in its discretion requires it, on the testimony of the attesting witnesses (Ohio Rev. Code §2107.18). Choose witnesses who will still be reachable years from now, and keep a record of how to find them.

•Remote and video witnessing does not work for an Ohio will. A witness watching by video call is not in your conscious presence as Ohio defines it (Ohio Rev. Code §2107.03). Everyone signs in the same room.

ViewWitness disqualification / interested-witness rule

Each witness must be eighteen (18) years of age or older (Ohio Rev. Code §2107.06); a devise or bequest to a person who is one of only two witnesses is void under §2107.15, although the witness may recover up to the intestate share, with other beneficiaries contributing as for an after-born child under §2107.34. Adding a third disinterested witness preserves the gift

Living Trust

Witnesses: None required

No formal execution requirements beyond settlor signature; notarization strongly recommended when funding real property

Notarization: Recommended

Not legally required for the trust document, but needed to transfer real property

Certification of trust: Ohio Rev. Code §5810.13

Ohio lets your trustee prove the trust to a bank, brokerage, title company, insurer, or transfer agent with a short certification instead of the trust itself. It states that the trust exists, who the trustee is, and what the trustee may do, and it leaves out who inherits and what each person receives.

Statutory Form Power of Attorney

Ohio Rev. Code §§1337.21 to 1337.64 (Uniform Power of Attorney Act); statutory form at §1337.60

Last verified: 2026-05

Witnesses: None required

No witnesses required for power of attorney

Notarization: Required

Notarization is required for a valid durable power of attorney

State-specific notes

•Signature must be acknowledged before a notary (Ohio Rev. Code §1337.25 creates the presumption of genuineness, and §1337.04 requires acknowledgment for any POA used to execute a real-property instrument). An un-acknowledged POA is routinely refused by Ohio banks, brokerages, and county recorders even if signature-only execution might technically be valid between principal and agent; treat acknowledgment as required.

•Durability is presumed: a power of attorney created under the Ohio UPOAA is durable unless it expressly provides that it terminates on the principal's incapacity (Ohio Rev. Code §1337.24)

•A POA used for the execution of a real-property instrument must be properly executed and acknowledged by the principal before the related deed or mortgage is executed, and recorded with the county recorder of the county where the property lies before the related instrument is recorded (Ohio Rev. Code §1337.04, as amended by S.B. 94 of the 135th General Assembly, effective Oct. 24, 2024; see also general acknowledgment of real-property instruments under §5301.01). The 2024 amendment allows an unrecorded power of attorney to be placed of record later, as an attachment to a supporting affidavit containing the five items subsection (C) lists, so long as the power of attorney was executed and acknowledged no later than the day the real-property instrument was executed (Ohio Rev. Code §1337.04(C)). Separately, where the power of attorney was never recorded at all, a real-property instrument executed under it that has itself been of record for ten years or more is presumed valid and of full force and effect (§1337.04(E))

ViewWarning notice for the principal

IMPORTANT INFORMATION (Ohio Rev. Code §1337.60) This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the Uniform Power of Attorney Act (sections 1337.21 to 1337.64 of the Revised Code). This power of attorney does not authorize the agent to make health-care decisions for you. You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you. Your agent is entitled to reasonable compensation unless you state otherwise in the Special Instructions. This form provides for designation of one agent. If you wish to name more than one agent you may name a coagent in the Special Instructions. Coagents are not required to act together unless you include that requirement in the Special Instructions. If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent. This power of attorney becomes effective immediately unless you state otherwise in the Special Instructions.

ViewStatutory categories (24)

General categories: A. Real Property B. Tangible Personal Property C. Stocks and Bonds D. Commodities and Options E. Banks and Other Financial Institutions F. Operation of Entity or Business G. Insurance and Annuities H. Estates, Trusts, and Other Beneficial Interests I. Claims and Litigation J. Personal and Family Maintenance K. Benefits from Governmental Programs or Civil or Military Service L. Retirement Plans M. Taxes N. Digital Assets O. All Preceding Subjects P. My agent shall have access to the content of electronic communications sent or received by me Hot powers (require separate authorization): 1. Create a trust (Ohio Rev. Code §1337.42) 2. Amend, revoke, or terminate an inter vivos trust, even if specific authority to do so is granted to the agent in the trust agreement (Ohio Rev. Code §1337.42) 3. Make a gift (Ohio Rev. Code §1337.42) 4. Create or change rights of survivorship (Ohio Rev. Code §1337.42) 5. Create or change a beneficiary designation (Ohio Rev. Code §1337.42) 6. Delegate authority granted under the power of attorney (Ohio Rev. Code §1337.42) 7. Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan (Ohio Rev. Code §1337.42) 8. Exercise fiduciary powers that the principal has authority to delegate (Ohio Rev. Code §1337.42)

ViewAgent acknowledgment wording

IMPORTANT INFORMATION FOR AGENT (Ohio Rev. Code §1337.60) Agent's Duties. When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. You must: (1) Do what you know the principal reasonably expects you to do with the principal's property or, if you do not know the principal's expectations, act in the principal's best interest; (2) Act in good faith; (3) Do nothing beyond the authority granted in this power of attorney; (4) Attempt to preserve the principal's estate plan if you know the plan and preserving the plan is consistent with the principal's best interest; (5) Disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as "agent" in the following manner: (Principal's Name) by (Your Signature) as Agent. Unless the Special Instructions in this power of attorney state otherwise, you must also: (1) Act loyally for the principal's benefit; (2) Avoid conflicts that would impair your ability to act in the principal's best interest; (3) Act with care, competence, and diligence; (4) Keep a record of all receipts, disbursements, and transactions made on behalf of the principal; (5) Cooperate with any person that has authority to make health-care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal's expectations, to act in the principal's best interest. Termination of Agent's Authority. You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include: (1) The death of the principal; (2) The principal's revocation of the power of attorney or your authority; (3) The occurrence of a termination event stated in the power of attorney; (4) The purpose of the power of attorney is fully accomplished; (5) If you are married to the principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the Special Instructions in this power of attorney state that such an action will not terminate your authority. Liability of Agent. The meaning of the authority granted to you is defined in the Uniform Power of Attorney Act (sections 1337.21 to 1337.64 of the Revised Code). If you violate the Uniform Power of Attorney Act or act outside the authority granted, you may be liable for any damages caused by your violation. If there is anything about this document or your duties that you do not understand, you should seek legal advice.

Health Care Power of Attorney

Ohio Rev. Code §§1337.11-1337.17 (Health Care POA); §§2133.01-2133.15 (Living Will / declarations regarding life-sustaining treatment)

Witnesses: 2 required, or notary

Ohio accepts either 2 witnesses or notarization

Notarization: Accepted as alternative

Acknowledged before a notary public who makes the statutory short-form certification AND also attests that the principal or declarant appears to be of sound mind and not under or subject to duress, fraud, or undue influence. Both duties are express, and a plain notarial acknowledgment that omits the sound-mind and no-duress attestation does not satisfy either section, so tell the notary what the certificate must say before signing (Ohio Rev. Code §1337.12(C) for the Health Care Power of Attorney; §2133.02(B)(2) for the Living Will declaration; the certification itself is described in §147.53)

Document sections

Separate living will

State-specific notes

•Witnesses for the Health Care POA cannot be related to the principal by blood, marriage, or adoption; the named attorney-in-fact or alternate; the attending physician; or the administrator of any nursing home in which the principal is receiving care (Ohio Rev. Code §1337.12(B))

•Witnesses for the Living Will cannot be related to the declarant by blood, marriage, or adoption; the attending physician; or the administrator of any nursing home in which the declarant is receiving care (Ohio Rev. Code §2133.02(B)(1))

•Ohio does not prescribe a single mandatory statutory form. Any printed Health Care POA sold or otherwise distributed in Ohio for use by adults who are not advised by an attorney must include the statutory 'Notice to Adult Executing This Document' verbatim, with the conspicuous-type requirements preserved: capital letters or other conspicuous type for the asterisked single words, for the two sentences in the second set of parentheses in paragraph (2), and for all of paragraph (4) (Ohio Rev. Code §1337.17).

ViewWitness disqualification recital

A witness may not be the agent or alternate agent, related to the principal by blood, marriage, or adoption, the principal's attending physician, or the administrator of any nursing home in which the principal is receiving care (Ohio Rev. Code §1337.12(B)).

Living Will Declaration

Ohio uses two separate advance directive documents. The Health Care Power of Attorney (above) appoints your healthcare agent; this document records your treatment preferences directly.

Subscription

6 more documents with a subscription

Document generation is currently unavailable for Ohio, including these.

Appointment of Representative for Disposition of Bodily Remains

Names the agent who controls funeral, burial, or cremation decisions, with optional preferences.

In this state: Ohio recognizes a statutory Appointment of Representative for Disposition of Bodily Remains; we follow that form. (Ohio Rev. Code §§2108.70-2108.90)

HIPAA Authorization

Stand-alone PHI release that survives death for the period you specify, separate from the in-life authorization in your healthcare directive.

In this state: Cites Ohio Rev. Code §5122.31 (confidential mental-health records) and §3701.243 (HIV-related information), and notes that §5122.31(A)(1) lets a custodian condition release on a best-interests determination, so your consent alone may not compel it. Substance-use-disorder treatment records from a federally assisted program stay under the 42 CFR Part 2 carve-out in Section III, which the addendum reaffirms; Ohio Rev. Code §5119.27 releases those records only on a consent conforming to 42 C.F.R. §2.31.

Designation of Guardian of the Person and Estate

Pre-nominates the person you want a court to appoint if a conservator (or guardian of the estate) is ever needed.

Business Succession Declaration

Identifies your interests in any closely-held businesses and how they should be transferred or wound down.

Real-Estate Retitling Checklist

Step-by-step instructions for transferring real-property deeds into your trust so the trust actually controls those assets.

Letter of Instruction

Non-binding personal note to your executor and family: where to find documents, account access, funeral wishes, and other practical guidance.

Free vs. paid

	Free	Paid
All 4 state-specific documents	Included in free	Included in paid tier
State-specific signing guide	Included in free	Included in paid tier
Download as PDF, print forever	Included in free	Included in paid tier
Secure online storage	Not in free	Included in paid tier
Covers real estate, business, digital, and funeral wishes	Not in free	Included in paid tier
Disposition of remains authorization	Not in free	Included in paid tier
Standalone HIPAA authorization	Not in free	Included in paid tier
Nomination of conservator	Not in free	Included in paid tier
Business succession declaration	Not in free	Included in paid tier
Real-estate retitling checklist	Not in free	Included in paid tier
Special needs trust provisions	Not in free	Included in paid tier
Letter of instruction, pre-filled and editable	Not in free	Included in paid tier
Edit anytime	Not in free	Included in paid tier
Annual review reminder	Not in free	Included in paid tier

Electronic will status

Ohio has not adopted electronic will legislation. A traditional paper will with physical signatures is required.

Digital assets access

Ohio has adopted RUFADAA (2017). This is the Revised Uniform Fiduciary Access to Digital Assets Act, which lets your executor, trustee, or agent access your email, social media, cryptocurrency wallets, cloud storage, and other digital accounts after death or incapacity.

To take advantage of RUFADAA, your will, trust, or power of attorney must explicitly grant authority to access digital assets. Without explicit authorization, service providers can deny access even to a court-appointed executor.

Remote online notarization (RON)

Ohio authorized RON in 2019.

Will

Not allowed

Trust

Allowed

POA

Allowed

Remote online witnessing (ROW)

Ohio does not allow remote online witnessing for estate planning documents. Witnesses must be physically present when you sign.

Will

Not allowed

Trust

Not allowed

POA

Not allowed

HC Directive

Not allowed

This information is general in nature and not legal advice. Laws change. Consult a licensed estate planning attorney in Ohio for guidance specific to your situation.

Also for Ohio

Make a Ohio will

Requirements and signing rules.

Ohio healthcare directive

Name your medical decision-maker and treatment wishes.

Ohio power of attorney

Name someone to handle finances if you can't.

Ohio living trust

Skip probate and keep your estate private.

Document generation isn’t currently available in Ohio.

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